📅 2026 Update: Recent Changes in Patent Law and Fees

Since the original article was published, there have been significant updates in patent law and processes. Key changes include fee adjustments, procedural updates, and the modernization of the USPTO’s services. This update highlights the most relevant developments for anyone interested in statutory invention registrations and the patent process.

The earlier article continues further down the page.

🏷️ Decrease in PCT Fees

Effective January 1, 2024, the USPTO reduced certain Patent Cooperation Treaty (PCT) fees. The International Filing Fee for the first 30 pages dropped from $1,515 to $1,454. This decrease aims to lower costs for applicants and align with international standards.

🏢 USPTO Modernization

On December 5, 2025, the USPTO achieved a major milestone by processing pre-grant publications in-house for the first time. This advancement enhances the efficiency of the Patent Publication Program and allows for quicker access to patent information.

📚 Updates to MPEP

In November 2024, the USPTO published Revision 01.2024 of the Manual of Patent Examining Procedure (MPEP). This revision includes updates across multiple chapters to reflect current practices and legal standards, ensuring that patent applicants are informed of the latest guidelines.

⏳ Average Processing Times

The average time from filing to final decision for a utility patent application is now approximately 24 months. This timeframe is crucial for inventors to consider when planning their patent strategy.

📌 Key Takeaways

  • 📉 PCT fees have decreased, lowering costs for applicants.
  • 🏢 USPTO has modernized its publication process for faster results.
  • 📚 The MPEP has been updated to reflect current practices.
  • ⏳ Utility patent applications have an average processing time of 24 months.

💡 Tips for Navigating Patent Applications

Reviewing the specifics of your situation with an attorney is essential before proceeding with patent applications.

📅 Understand Filing Fees

Be aware of the current basic filing fees for utility patents. As of January 19, 2025, the fee is $350 for paper filings and $140 for electronic submissions. Knowing these costs can help you budget your application process.

⏳ Keep Track of Deadlines

Patent applications are published 18 months after the earliest filing date. If you need to avoid publication, be sure to file a non-publication request on time to maintain confidentiality.

📑 Use Express Abandonment if Necessary

If you decide to abandon your application, the USPTO provides forms for express abandonment. This process allows you to obtain a refund and streamline the abandonment process effectively.

🔄 Respond Promptly to USPTO Communications

Applicants must respond to office actions and other communications within specified time frames. Failing to do so can lead to abandonment of the application, which can be detrimental to your patent strategy.

🏛️ Explore Free USPTO Resources

Take advantage of the free resources offered by the USPTO. They provide guides, webinars, and a contact center to assist inventors in understanding the patent process.

🏆 Ranked by User Reviews (2026)

This section highlights services related to patent applications and intellectual property. The order is based on Trustpilot data checked in October 2026. Ratings can change, and while high scores indicate satisfaction, they may also reflect that unhappy customers tend to leave more reviews.

🥇 1. LegalZoom

LegalZoom has been rated 4.6 on Trustpilot. The platform is known for offering various online legal services, including business formation and intellectual property services like patent applications. However, some users report issues with delays and communication.

🆓 Free Government Resources

The USPTO provides various free resources for inventors. These include guides, webinars, and a contact center to help you navigate the patent process. Additionally, pro bono programs through nonprofit organizations offer legal assistance to independent inventors and small businesses.

🔎 What to Compare When Choosing Patent Services

  • 📄 Types of services offered, such as patent applications or IP registration.
  • 💰 Fee structures and any hidden costs associated with the service.
  • ⏳ Average processing times for applications to understand how long the process may take.
  • 📝 Customer reviews and ratings to gauge user satisfaction.
  • 🛠️ Availability of support resources and tools for navigating the patent process.

❓ Frequently Asked Questions

❓ What is a statutory invention registration?

A statutory invention registration is a way for inventors to obtain a patent without undergoing the traditional examination process. It allows for the registration of an invention that is new, useful, and non-obvious.

❓ How long does the patent application process take?

The average time from filing to a final decision for a utility patent application is approximately 24 months. This timeline can vary based on the complexity of the application and the USPTO's workload.

❓ What are maintenance fees for patents?

Maintenance fees are due at 3.5, 7.5, and 11.5 years after a patent is granted. These fees help keep the patent in force and can vary based on the entity size.

❓ Can I file a patent application electronically?

Yes, applicants can file patent applications electronically, which is encouraged due to lower filing fees. As of January 19, 2025, the electronic filing fee is $140.

❓ What happens if I miss a response deadline?

If you miss a response deadline to USPTO communications, your application may be deemed abandoned. It's important to keep track of these deadlines to avoid losing your patent rights.

❓ Are there resources for inventors who cannot afford legal help?

Yes, the USPTO offers free resources, such as guides and webinars, to assist inventors. Additionally, pro bono programs provide legal assistance to independent inventors and small businesses.

⚖️ Recent Cases in Patent Law

Recent court rulings impact how statutory invention registrations are handled and interpreted. These cases can provide insight into ongoing trends in patent law and application processes.

You can browse more rulings in the news section.

End of October 2026 Update





The process of patent registration in the United States, which is administered by the United States Patent and Trademark Office (USPTO), is provided for in the greater framework of American law by Title 35 of the United States Code, the collection of American federal statutes. Section 157 deals with the topic of statutory invention registration. 

This process represents an alternative to patent registration allowed for and facilitated by the USPTO. In a statutory invention registration, the USPTO publishes an invention which had previously been the subject of a patent application for the benefit of the public. The publication is made with the permission and at the request of the would-be patent holder. The existence of the statutory invention registration is meant to provide some measure of authorial satisfaction to inventors in patent cases which go badly and to secure for the benefit of the public the use of an invention which might otherwise have fallen victim to the patent registration process.

Statutory invention registrations came into existence due to the recognition that inventors could not always secure patent registration for their technology or for ethical reasons might choose not to pursue a patent in the first place. Statutory invention registration is a means of placing the process or device which has been discovered in the public domain, to use a copyright term, and disavowing any rights to benefits from its usage proceeding from the privileges of authorship. 

Statutory Invention Registration

Such an option might be chosen by a potential patent holder who felt that his or her discovery should be freely enjoyed with charge. Alternately, it might be chosen as a modified assertion of patent rights, which are generally couched in the negative language of having the power to stop other people from using the patent without permission. While choosing statutory invention registration over patent registration does cut off the chance of enjoying the material benefits due to an author, it does allow for a kind of authorial right in barring anyone else from claiming the patent as his or her own.

The USPTO provides four requirements to be fulfilled before the statutory invention registration option can be chosen in lieu of patent registration. The first requirement is based on Section 112 of Article 35, which deals with the subject of "Specification." According to this section, the inventor seeking the protection of a patent must provide clear and understandable language on the operation of the process or device, allowing the USPTO a fair chance at comparing it to other processes and determining that it is functional.

If statutory invention registration is selected in preference of patent registration, the specification is intended to give another individual possessing "ordinary skill in the art" the ability to freely use it, as is the purpose of the invention's publication. The second requirement is that the inventor accede to the USPTO's "printing requirements." The third is that the inventor disavow rights to the invention being published within a set period. The fourth is the inventor's payment of required fees.